Regulating Judges
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Regulating Judges

Beyond Independence and Accountability

Edited by Richard Devlin and Adam Dodek

Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.
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Chapter 20: Regulating judges in the United States: concerns for public confidence

Sarah MR Cravens

Abstract

Regulation of judges in the United States is notable for its variety of structures and practices, and consistency of major themes and problems. This chapter tackles two current issues: (1) the lack of official external regulation of conduct and ethics of the justices of the Supreme Court of the United States, and some of the persistent related regulatory problems unique to that court; and (2) the speech and money at stake in the election of judges to seats on various state courts and the ramifications for regulating the ethics of subsequent decision making by the judges who ultimately take those seats.

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